A Federal High Court in Abuja yesterday ordered that the spokesman of the Peoples Democratic Party (PDP), Olisa Metuh, be remanded in Kuje Prison, Abuja.
He is to remain in prison until January 19 when his formal bail application would be considered.
Justice Okon Abang gave the order while ruling on an oral bail application made by Metuh through his lawyer, Onyechi Ikpeazu (SAN).
The judge refused Metuh’s oral bail application on the ground that his application was opposed by the prosecution and that he failed to provide sufficient evidence as required under Section 162 (a) and (b) of the Administration of Criminal Justice Act (ACJA) 2015.
The ruling came shortly after Metuh and his company, Destra Investments Limited, were arraigned on a seven-count charge filed the previous day by the Economic and Financial Crimes Commission (EFCC).
Metuh pleaded not guilty to the charge.
The judge said, under Section 162 of the Administration of Criminal Justice Act (ACJA), the court was allowed to grant bail to anyone charged with an offence.
He rejected argument by the prosecution lawyer, Sylvester Tahir, that the bail application must be written, holding that Section 162 of ACJA did not state whether or not a bail application must be written.
Justice Abang said the section provides for instances where a bail application could be refused, but that the fact that an application is oral does not constitute a ground for the court to refuse it.
He, however, noted that, while Section 162 (a) and (b) of ACJA requires an applicant to supply sufficient evidence in support of his/her application, Metuh failed in that regard.
Justice Abang refused the bail application made orally by Metuh’s lawyer, on the ground that the applicant failed to provide sufficient evidence and that the prosecution opposed the application.
He ordered Metuh to file a formal bail application and serve the prosecution within six hours.
He fixed hearing of bail application for January 19 at 12 noon. He said formal trial would commence on January 25 and “it shall be day-to-day.”
The judge ordered that Metuh be remanded in prison.
He directed the prosecution to prepare its witnesses and be ready to proceed as the court will not entertain any delay.
Shortly after the judge’s ruling, Metuh’s lawyer requested the judge to change his mind as regard the place of his client’s remand.
The judge rejected Ikpeazu’s request that Metuh be allowed to remain in EFCC’s custody on the ground that he (Ikpeazu) failed to make the request earlier, to counter the prosecution’s application that he (Metuh) be remanded in prison.
Justice Abang said he could not reverse himself having ruled that Metuh be kept in prison. He said the only option open for Metuh was for him to appeal the court’s decision.
The EFCC filed the charge marked: FHC/ABJ/CR/05/2016 on Thursday. Metuh is charged with breach of public trust, corrupt acquisition of public funds and money laundering.
The commission said, in the charge, that a former Chairman, Board of Trustees (BOT) of the Peoples Democratic Party (PDP), Anthony Anenih, benefited from the N400million allegedly received by the party’s spokesman, Olisa Metuh.
EFCC accused Metuh of receiving the N400m from “an unlawful activity” of the immediate past National Security Adviser (NSA), Mohammed Sambo Dasuki.
The commission said its investigation also revealed that Metuh allegedly transferred $2million United States dollars, through one of his agents, Nneka Nicole Ararume, to Sie Iyenome and Kabiru Ibrahim of Capital Field Investment, an organisation it found not to be a financial institution.
The EFCC was silent on why Metuh gave Anenih N21,776,000 and for what purpose.
The commission, which was also silent on what investment Metuh made with the $2m, said it will lead evidence to that effect at trial.
Count one of the charge reads: “That you, Olisa Metuh, and Destra Investments Ltd on or about November 24, 2014 in Abuja within the jurisdiction of this honourable court took possession of the sum of N400m paid into the account of Destra Investments Ltd with Diamond Bank Plc account number 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said funds formed part of the proceeds of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser to wit: criminal breach of trust and corruption and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under section 15(3) of the same Act.
They were, in count two, accused of converting the “N400m which sum was transferred from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, which you claim to have received for political activities of the Peoples Democratic Party when you reasonably ought to have known that the said funds form part of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption and thereby committed an offence to section 15(2) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under section 15(3) of the same ýAct.”
They were, in count three accused of retaining the N400m “on behalf of PDP for its campaign activities by concealing the funds in your ýaccount with Diamond Bank Plc when ought to have known that such funds form part of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption) and you thereby committed an offence contrary to section 17(a) of the Money Laundering (Prohibition) Act 2011 (as amended in 2012)”
They were, in count four, said to have “sometime between November 2014 and March 2015 in Abuja within the jurisdiction of this honourable court, having reason to know that an aggregate sum of N400m, directly represented ýproceeds of an unlawful activity of Colonel Mohammed Sambo Dasuki (retd), the then National Security Adviser (to wit: criminal breach of trust and corruption) in respect of the said amount used the said funds for the campaign activities of the Peoples Democratic Party and other purposes and thereby committed an offence contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 as amended in 2012 and punishable under section 15(3) and (4) of the same Act.”
Metuh and his company were accused, in count five, of making a cash payment of $1m around December 2, 2014 “through your agent, Nneka Nicole Ararume, to one Kabiru Ibrahim of Capital Field Investments, a non-financial institution, and thereby committed an offence contrary to section 1 of the Money Laundering (Prohibition) Act 2011 (as amended in 2012) and punishable under section 16(2)(b) of the same Act”
In count six, the duo was accused of making “a cash payment, through your agent, Nicole Ararume, to one Sie Iyenome of Capital Field Investment, to the tune of $1m and thereby committed an offence contrary to section 1 of the Money Laundering (Prohibition) Act as amended in 2012 and punishable under section 16(2)(b) of the same Act”
In count seven, the duo was said to have transferred “the sum of N21,776,000, being part of the sum of N400m which directly represented the unlawful activity of Colonel Mohammed Sambo Dasuki, the then National Security Adviser, to wit: breach of trust and corruption, to Chief Tony Anenih and thereby committed an offence contrary to section 15(2) (b) of the Money Laundering (Prohibition) Act, 2011 (as amended in 2012 and punishable under section 15(3) of the same Act.” (The Nation)
